Running from the cops..HELP! (Flashback From 2006)
06-19-2006, 08:49 AM
#61
06-19-2006, 10:01 AM
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Originally Posted by FUroundeye
Say what? Somebody lied to you; eluding arrest while operating a motor vehicle is only a misdemeanor (even if you're drunk and/or recklessly place others in danger): Source.
how the *** are you gonna tell me its not a felony... STFU
evading w/ a motor vehicle is a state jail felony, i dont give a *** who says otherwise
06-19-2006, 11:58 AM
#65
Originally Posted by treysoucie
how the *** are you gonna tell me its not a felony... STFU
evading w/ a motor vehicle is a state jail felony, i dont give a *** who says otherwise
evading w/ a motor vehicle is a state jail felony, i dont give a *** who says otherwise
06-19-2006, 12:33 PM
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Originally Posted by FUroundeye
How is it that you can read my post but not the Texas statute that states that eluding w/ a motor vehicle is a misdemeanor and not a felony? Just goes to show how easily the legal system can screw you over... if you're a moron.
why dont you do some decent research before u talk about **** u dont know!..
has been like this for like 5yrs now
06-19-2006, 03:50 PM
#67
If your situation was similar to his and you were prosecuted under Penal Code 38.04, then you had a shitty lawyer. His was a simple eluding infraction under the Transportation Code, not evading arrest (even though it sounds like that's what he's being charged with). Now, when the police found him in the backyard, had he jumped up and ran to his car, got in, and drove off, then it would be felony evading. But he didn't, so it's not. Just b/c he's being charged under a certain statute doesn't mean it's the correct one (i.e. racing on the highway when there was no other car present).
06-19-2006, 03:59 PM
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Originally Posted by TXAgZ28
When you arrive in prison, the trick is to kick someone's *** the first day, or become somebody's bitch. Then everything will be all right.
06-19-2006, 04:25 PM
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Originally Posted by FUroundeye
If your situation was similar to his and you were prosecuted under Penal Code 38.04, then you had a shitty lawyer. His was a simple eluding infraction under the Transportation Code, not evading arrest (even though it sounds like that's what he's being charged with). Now, when the police found him in the backyard, had he jumped up and ran to his car, got in, and drove off, then it would be felony evading. But he didn't, so it's not. Just b/c he's being charged under a certain statute doesn't mean it's the correct one (i.e. racing on the highway when there was no other car present).
1. on foot which is a class b misdemeanor (which might be what your talking about)
2. w/ a motor vehicle which is a class E felony (state jail felony) this is the lowest felony.
06-19-2006, 04:28 PM
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if you do go to jail you will be in the harris county jail, which is a cakewalk compared to a state prison. actually, its not too bad at all, you just chill, no one really ***** with you, ppl. are there short term, and just wanna get their **** over with.
06-19-2006, 08:04 PM
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Originally Posted by FUroundeye
Say what? Somebody lied to you; eluding arrest while operating a motor vehicle is only a misdemeanor (even if you're drunk and/or recklessly place others in danger): Source.
06-19-2006, 08:14 PM
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Originally Posted by treysoucie
if you do go to jail you will be in the harris county jail, which is a cakewalk compared to a state prison. actually, its not too bad at all, you just chill, no one really ***** with you, ppl. are there short term, and just wanna get their **** over with.
06-19-2006, 08:55 PM
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Originally Posted by lxlaw
That I can account for. The most pain in the *** prisons we have in Texas are our Texas state jails. They have 2 years and it is hard to get time without assaulting staff or causing serious bodily injury to another offender. They are high strung youngsters who have a bad attitude. It depends on the state prison you go to. I work at a Max unit, and there is some bad **** that goes on. As for kicking someones *** the first day, well, I would not recommend that. You try to get along and be civil, but NOT over friendly. The whole deal with this is, IF IF IF, someone ***** with you, you dont back down, and fight your heart out. If they see you got heart, they will respect you a bit more. Enough on the prison survival guide. If you get convicted call me and I will give you more pointers. LOL. Good luck and get a GOOD LAWYER!!!
lol dont worry dude, your not going to jail... and if its just a misdemeanor evade, its only a class b misdemeanor, which is one step up from a traffic ticket.
maybe some fines, and community service... possibly 6mos.-1yr probate, but i doubt it.
you got off lucky if you only recieved a misdemeanor evade, (which is not w/ a motor vehicle)
06-19-2006, 10:07 PM
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§ 38.04. EVADING[0] ARREST OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
[B](1) a state jail felony if the actor uses a vehicle[0]
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle[0] while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.[/B] (c) In this section, "vehicle[0]" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
[B](1) a state jail felony if the actor uses a vehicle[0]
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle[0] while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.[/B] (c) In this section, "vehicle[0]" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.
Last edited by HMFIC; 06-19-2006 at 10:12 PM.
06-19-2006, 11:27 PM
#75
OK well,
Here is my take on this. I have been there and done that .lol
Let me say this
First mistake was running.. Should have pulled over and taken the ticket. No one would have been at risk and it would have been cheaper.
After you decided to run. You steped up to taking a huge risk into hurting your self or others.
After chooseing to run you had made your desision.
Here is where you messed up after that.
You should have pulled in the garage or out of sight. If the cop had no way of seeing your plates you should have denied it to the end. Not the most honest thing to do but it would have gotton you out of trouble.. If he does not have sight on your car the entire time he can not prove that you were infact the one running.
Now with all that said. You already through your cards on the table and its time to play the hand delt to you. There is no since in waisting your time or money on fighting it. However it is worth getting alwayer and deal with the court. AS you get older this will make more since. Have your lawyer bargain it down to a mistermenor. See if you can get probation and pay fines.
If you get that consider your self lucky. Man up and take the punishment..
I speak from doing it myself. Back in Highschool we were the stupid crowd. We would intentialy go into town and find the only crooked cop and prevoke him into chasing us. It was always a blast and we were to stupid to relize the outcome that could happen. I bet we out ran this cop atleast 5 times for fun. He always knew it us and knew all our cars. Either he had just as mutch fun chasing us or just never could pin it on us.. God knows he tried.lol
Anyways after time went by in 1997 I had decided to go into this town to see a freinds grandmother that was alittle under the weather. I had tore up my only good car and had to result to driving the hot rod..
I left there and was headed home when I stoped at the only stop sighn in town that was surrounded by nothing but empty car lots.. And guess what. There he was. The same cop that had hated our guts all the way from 8th grade.. Now I had not been in this twon for years but I knew I was in trouble if I pulled over at 1 am on the side of the road with this crooked cop.. I made a stupid childish decision to go for it. Being alittle older and smarter I was smart enough to take him down the back roads and just flat out walk off and leave him. Then pull over and weight for him to catch up.lol
After taking him to the lake and getting in an area That was a long straight away. I walked off and left him.
3 Days later I came home with a new hood, paint and wheels for the car. AS I came around the corner my heart sank as I seen a street full of cop cars and a tow truck. I instantly turned around. After the street cooled down I went home. My parents were not impressed at all. My MOM was mad and well my Dad just could not understand why I was not smart enough to park the car in the barn.lol
I was in the process of building this car and had not put the tittle in my name yet. The cops had a warrent for the car.. So I called up the cop that I had always butted heads with and as soon as he heard my voice he laughed and said boy I got you. He told me he watched the video out of his car for three days and it hit him. The way I drove and the roads I took. Its that Vasser boy.. He was going to keep my car and since Ihad no tittle to it there was nothing I could do. However there was nothing he could do to me. They could not proove it was me.
So being the funny guy I was at that age. I hired a lawyer named DICK CLARK...
I made a deal with the judge. In exchange for a written confession I would recieve deffered judicated probation, Fines and I think I did community service..
When the judge asked me why I ran. I told him that my odds were better facing this crooked cop in his court room than seeing him late on the side of the road by my self. He understood since it was no secret this cop was dirty.
I was able to bargain my car back and a copy of the tape out of the cop car.lol
After all this the story went from they were pulling me over for no front liscence plate to they thought I was scoping out houses for burglery.lol Yes at a stop sighn with nothing but parking lots in a one stop sighn town.
Now looking back. Even though I have always had mad driving skills and knew the back roads I put myself, Courtnay and everyone else on the road at risk everytime I made that immature decision to run over a stupid ticket or just for fun.
I will never due it again. But that came with growing up.
Now some of my freinds including some cop friends and I still get a good laugh out of watching my 2500 dollar video tape..
For me it was part of growing up. I would not take it back because no one got hurt and it was another lesson in my long book. But I will never do it again..
MY best advice to you is stand up and take the punishment. You did the crime now pay the piper. If you learn from it and it makes you a better person there is nothing to be ashamed of. I have learned that all the wild things and foolish things I done just made me a better and stronger person. I would not change a thing...
Good luck to you. Im sorry for the troubles you are about to go through.
Dave
Here is my take on this. I have been there and done that .lol
Let me say this
First mistake was running.. Should have pulled over and taken the ticket. No one would have been at risk and it would have been cheaper.
After you decided to run. You steped up to taking a huge risk into hurting your self or others.
After chooseing to run you had made your desision.
Here is where you messed up after that.
You should have pulled in the garage or out of sight. If the cop had no way of seeing your plates you should have denied it to the end. Not the most honest thing to do but it would have gotton you out of trouble.. If he does not have sight on your car the entire time he can not prove that you were infact the one running.
Now with all that said. You already through your cards on the table and its time to play the hand delt to you. There is no since in waisting your time or money on fighting it. However it is worth getting alwayer and deal with the court. AS you get older this will make more since. Have your lawyer bargain it down to a mistermenor. See if you can get probation and pay fines.
If you get that consider your self lucky. Man up and take the punishment..
I speak from doing it myself. Back in Highschool we were the stupid crowd. We would intentialy go into town and find the only crooked cop and prevoke him into chasing us. It was always a blast and we were to stupid to relize the outcome that could happen. I bet we out ran this cop atleast 5 times for fun. He always knew it us and knew all our cars. Either he had just as mutch fun chasing us or just never could pin it on us.. God knows he tried.lol
Anyways after time went by in 1997 I had decided to go into this town to see a freinds grandmother that was alittle under the weather. I had tore up my only good car and had to result to driving the hot rod..
I left there and was headed home when I stoped at the only stop sighn in town that was surrounded by nothing but empty car lots.. And guess what. There he was. The same cop that had hated our guts all the way from 8th grade.. Now I had not been in this twon for years but I knew I was in trouble if I pulled over at 1 am on the side of the road with this crooked cop.. I made a stupid childish decision to go for it. Being alittle older and smarter I was smart enough to take him down the back roads and just flat out walk off and leave him. Then pull over and weight for him to catch up.lol
After taking him to the lake and getting in an area That was a long straight away. I walked off and left him.
3 Days later I came home with a new hood, paint and wheels for the car. AS I came around the corner my heart sank as I seen a street full of cop cars and a tow truck. I instantly turned around. After the street cooled down I went home. My parents were not impressed at all. My MOM was mad and well my Dad just could not understand why I was not smart enough to park the car in the barn.lol
I was in the process of building this car and had not put the tittle in my name yet. The cops had a warrent for the car.. So I called up the cop that I had always butted heads with and as soon as he heard my voice he laughed and said boy I got you. He told me he watched the video out of his car for three days and it hit him. The way I drove and the roads I took. Its that Vasser boy.. He was going to keep my car and since Ihad no tittle to it there was nothing I could do. However there was nothing he could do to me. They could not proove it was me.
So being the funny guy I was at that age. I hired a lawyer named DICK CLARK...
I made a deal with the judge. In exchange for a written confession I would recieve deffered judicated probation, Fines and I think I did community service..
When the judge asked me why I ran. I told him that my odds were better facing this crooked cop in his court room than seeing him late on the side of the road by my self. He understood since it was no secret this cop was dirty.
I was able to bargain my car back and a copy of the tape out of the cop car.lol
After all this the story went from they were pulling me over for no front liscence plate to they thought I was scoping out houses for burglery.lol Yes at a stop sighn with nothing but parking lots in a one stop sighn town.
Now looking back. Even though I have always had mad driving skills and knew the back roads I put myself, Courtnay and everyone else on the road at risk everytime I made that immature decision to run over a stupid ticket or just for fun.
I will never due it again. But that came with growing up.
Now some of my freinds including some cop friends and I still get a good laugh out of watching my 2500 dollar video tape..
For me it was part of growing up. I would not take it back because no one got hurt and it was another lesson in my long book. But I will never do it again..
MY best advice to you is stand up and take the punishment. You did the crime now pay the piper. If you learn from it and it makes you a better person there is nothing to be ashamed of. I have learned that all the wild things and foolish things I done just made me a better and stronger person. I would not change a thing...
Good luck to you. Im sorry for the troubles you are about to go through.
Dave
Last edited by Nitro Dave's Nitrous Outlet; 06-19-2006 at 11:37 PM.
06-20-2006, 01:15 AM
#76
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i was in the same shoe.. but first i parked my car in the garage.. but door was open. second i denied.. COP LEFT.. end of story.. i told the cop that it was hot cuz it was parked in the garage all day long.. ~!!!! he couldnt do nothign and left.. plus my dad came out and said "son, lets go finish the backyard we have been workin on all DAY~"
ROFL>. i love my dad..
ROFL>. i love my dad..
06-20-2006, 10:10 AM
#77
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yup...exactly what i said...
when it happend to me i tried to get them to lower it to class b misdemeanor (on foot evading). but i would have had to serve jail time. now im on deffered, but even when im done the felony will still be on my record... **** sucks.
trey
when it happend to me i tried to get them to lower it to class b misdemeanor (on foot evading). but i would have had to serve jail time. now im on deffered, but even when im done the felony will still be on my record... **** sucks.
trey
Originally Posted by HMFIC
§ 38.04. EVADING[0] ARREST OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
[B](1) a state jail felony if the actor uses a vehicle[0]
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle[0] while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.[/B] (c) In this section, "vehicle[0]" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
[B](1) a state jail felony if the actor uses a vehicle[0]
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle[0] while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.[/B] (c) In this section, "vehicle[0]" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.
